ELR Citation: 56 ELR 20087
No(s). 25-977 and 25-2041 (2d Cir. Jun 30, 2026)

The Second Circuit affirmed two district court rulings in challenges to laws enacted in New York City and New York State that effectively prohibit use of fossil fuel-powered appliances in new buildings. Companies, trade groups, and unions argued the laws were preempted under the Energy Policy and Conservation Act's (EPCA's) express preemption provision. The district courts concluded EPCA did not preempt the local law, and that its preemption provision did not apply to the state law. The appellate court found that at most, EPCA preempts energy conservation standards for covered appliances and a fairly limited realm of additional regulations that operate in a similar manner, and the challenged laws fell outside that realm. It held that EPCA, by promoting national energy conservation goals, did not preclude these particular state and local efforts to regulate use of fossil fuels; it affirmed the lower court judgments.